Section 75 query

CD_Field

Hi,
Am well aware of the section 75 rules for credit cards, but I have a query regarding an international purchase. I bought a product from the USA which was £92.85, but does not include the VAT / customs charges. When this is added the purchase will be over £100. As the item I have ordered is not going to be available for the date required and I can not get the company to cancel or refund the order, can I claim under section 75 as the total price after VAT is added will be over £100? Obviously the VAT is a mandatory charge and therefore part of the purchase price, but as it isn't charged at the same time as the order was placed (is payable on delivery to the delivery company I believe), can I claim?
Thanks.

Rainbowgirl84

No. S75 cannot not be used for what is essentially a change of mind.

eddddy

It won't qualify...

Technically, this qualifying amount needs to be for a single item (or booking) before any delivery charges or additional fees are added.

Link: http://www.ukecc-services.net/Payingwithacreditcard.cfm

You could try a chargeback instead. But why wont the supplier issue a refund, if they're in breach of contract?

dj1471

eddddy wrote: »

You could try a chargeback instead. But why wont the supplier issue a refund, if they're in breach of contract?

Doesn't sound like they are in breach of contract, unless they committed to a particular delivery date.

eddddy

Rainbowgirl84 wrote: »

No. S75 cannot not be used for what is essentially a change of mind.

That's incorrect if you're buying in the UK.

The Consumer Contracts Regulations (formerly the Distance Selling Regs) state that a retailer must allow a 14 day cooling off period in their contract. (So refusing to let a customer change their mind during that 14 day period would be a breach of contract.)

But the OP bought from a US company, so US law probably applies - and there may not be any equivalent cooling off period.

dj1471 wrote: »

Doesn't sound like they are in breach of contract, unless they committed to a particular delivery date.

Except that the OP says:

CD_Field wrote: »

Am well aware of the section 75 rules for credit cards,

So I guess the OP must believe there has been a breach of contract or misrepresentation.

YorkshireBoy

eddddy wrote: »

So I guess the OP must believe there has been a breach of contract or misrepresentation.

Isn't it irrelevant anyway?...being as the Act says that section 75 does not apply if...

...the claim relates to any single item to which the supplier has attached a cash price not exceeding £100...

http://www.legislation.gov.uk/ukpga/1974/39/section/75

And the supplier has "attached a cash price" of (the equivalent of) £92.85*


* And possibly even less if the OP didn't use the 'right' credit card for foreign spending.

eddddy

YorkshireBoy wrote: »

Isn't it irrelevant anyway?
...
And the supplier has "attached a cash price" of (the equivalent of) £92.85

You need to read the whole thread.

The suggestion in post #2 is to try for a chargeback (instead of s75).